Before an estate is distributed, what happens if a beneficary dies?

UPDATED: Mar 22, 2012

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Before an estate is distributed, what happens if a beneficary dies?

If sale of a property is to be divided amongst heirs of a deceased property owner and one of the heirs then passes away, how is the sale divided? There was no Will.

Asked on March 22, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your losses.  For purpses of this answer I am going to assume that a parent passed away intestate - with out a Will - and the beneficiaries are the children.  In Texas the estate passes to the children and their descendents.  The child post deceased the parent anyway so his or her portion would have vested in him or her and passed to his children.  So his or her share say is $100 and he or she has 2 children.  They get $50 each.  Please confirm with our estate attorney.  Good luck.

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